Revision of TNI Law, Government Proposes Changes to Basic Implementation of Military Operations Other Than War

JAKARTA, KOMPAS – The government has proposed changes to the regulations concerning military operations other than war (OMSP) in the revision of the TNI Law. The implementation of OMSP will no longer be based on a state political decision but will instead be further regulated through government regulations or presidential regulations. This proposal has been criticized, with calls for the implementation of OMSP to be governed by legislation of equal standing to a law.

Based on the List of Problem Inventory (DIM) for the Draft Law (RUU) on the TNI prepared by the government, the scope of OMSP regulated in Article 7, paragraph 2 of Law Number 34 of 2004 concerning the TNI is proposed to be expanded. Initially limited to 14 main tasks, it is proposed to be increased to a total of 17 main tasks.

The addition of three tasks includes assisting the government in efforts to address cyber threats; assisting the government in protecting and safeguarding Indonesian citizens and national interests abroad; and assisting the government in combating the misuse of narcotics, precursors, and other addictive substances.

Not only that, the government proposed changes to the legal basis for the implementation of OMSP. Under the current Military Law, the implementation of OMSP is based on national policy and political decisions. In the DIM of the Military Bill, it is stated that the implementation of OMSP will be further regulated through government regulations (PP) or presidential regulations (Perpres). The reason is to ensure clarity in the duties and functions of the military in carrying out OMSP.

The basis of state policy and political decisions only applies to military operations for war.

The List of Problem Inventory (DIM) for the TNI Bill has been submitted to Commission I of the House of Representatives (DPR) during a working meeting at the Parliamentary Complex, Jakarta, Tuesday (11/3/2025). The DIM serves as the basis for discussions on the revision of the TNI Law between the government and the DPR.

Head of the Center of Intermestic and Diplomatic Engagement (CIDE) at Paramadina University, Anton Aliabbas, when contacted on Friday (14/3/2025), viewed the expansion of the scope of OMSP as a reasonable matter. This is due to the changing characteristics of threats that cross national borders and the importance of protecting citizens.

However, it would be better if further regulation on OMSP is also regulated in a legal umbrella at the level of a law. In other words, not regulations below it such as PP and Perpres.

Moreover, not all OMSPs last for a long period of time, such as presidential guarding or empowering defense areas. There are also short-term operations such as disaster management, rescuing citizens abroad, or dealing with acts of terrorism.

"So, it is better if the implementation of OMSP is regulated in provisions at the level of Law. Thus, the regulation of OMSP only refers to one provision of the legal umbrella and can be regulated in detail," said Anton.

This detailed arrangement is done starting from the time span to who will carry out the task. According to Anton, this certainty of time also makes soldiers not leave their main duties in the field of national defense for too long.

"If this assistance task is carried out for a long time, it will affect the professionalism and readiness of the soldiers themselves," he added.

More importantly, Anton emphasized, OMSP that is not strictly limited has the potential to make the assumption of the TNI's dual function re-emerge in the public. All of that can be avoided if there are binding regulations at the level of the law regarding the time of the operation and other regulations.

"The dual function concerns arise because the military carries out functions other than defense for an unlimited time. What is meant by assistance should be temporary. This is a matter of what, who, when, how long, and how this OMSP is implemented," he said.

In addition to the affirmation of the OMSP limit, the expansion of the authority of soldiers in the TNI Bill is also a concern. Commissioner for Studies and Research at the National Human Rights Commission, Saurlin Siagian, stated that the expansion of the authority of soldiers needs to be reviewed because it is considered inconsistent with the spirit of advancing human rights.

This proposal comes from a rapid study by Komnas HAM regarding the changes to the TNI Law. The same thing is also a note for Komnas HAM regarding the Polri Bill.

Saurlin said, both institutions need to evaluate the implementation of the current law. "This is important so that the two proposed bills have a strong basis," said Saurlin.

In the Working Meeting of Commission I of the DPR at the Parliament Complex, Jakarta, Thursday (13/3/2025), TNI Commander General Agus Subiyanto said that his party welcomed the revision of the TNI Law. He considered that the current law was no longer relevant and needed adjustments in order to face various problems.

Agus Subiyanto also conveyed the TNI's commitment to upholding the principle of civil supremacy and military professionalism in carrying out its main duties.

"The TNI views the principle of civilian supremacy as a fundamental element in a democratic state that must be maintained by ensuring a clear separation between the military and civilians," he said.

Chairman of Commission I of the House of Representatives Utut Adianto also emphasized the commitment to civil supremacy. The politician from the Indonesian Democratic Party of Struggle also emphasized that the dual function of the TNI as in the New Order era did not return with the revision of the TNI Law.

"No one can turn back the clock. What exists is a new trend, a new spirit. Times have changed. As Bung Karno said, zeitgeist (spirit of the times). The Commander also stated civil supremacy in a democratic country, he has already stated that," he said.